Penn State alumni-elected trustee could be removed after committee reviews ‘conduct violation’
The Penn State board of trustees is set to vote on removing an outspoken alumni-elected trustee after a committee reviewed a potential code of conduct violation.
During a special meeting of the Governance Committee Monday morning, members discussed a potential code of conduct violation by Trustee Barry Fenchak in an executive session, Committee Chair Daniel Onorato said. The resolution states he “initiated a verbal interaction with a female staff member — witnessed by two other staff members — that violated the Trustee Code of Conduct provisions” on professionalism, ethical conduct, and is inconsistent with the bylaws.
Onorato said the committee needed to make a recommendation if the alleged violations would result in no action, admonishment, sanction or removal. He said they reviewed the complaint and Fenchak’s statement from a Sept. 6 interview, as well as his initial written response to the notice provided of the complaint.
In making the recommendation, Onorato said the committee also needed to consider if the violation was the first time or a repeated offense, the public or private nature of the offense, and the severity of the injury or potential injury to the board or university.
Fenchak has been on the board since July 1, 2022. He’s been outspoken during his tenure and in July filed a lawsuit against the board of trustees stating he cannot provide oversight because the university’s decision-makers have been unwilling to provide detailed financial information. A GoFundMe campaign for his legal fees has raised nearly $11,000.
His attorney offered a passionate defense Monday afternoon, telling the Centre Daily Times that the board has “piled on.”
“The bottom line is they don’t like this guy. Let’s just be plainspoken,” attorney Terry Mutchler said. “They don’t like him. They don’t like that he’s asking questions about a $4 billion endowment. In my view, it sounds like they’ve already made a decision and I would prefer that there be a real, robust discussion at the board meeting instead of a cookie-cutter, formulaic ‘This is where they’re headed’ sort of scenario, which it seems that’s the case.”
Trustee Naren Gursahaney made the motion to recommend removing Fenchak from the board, Trustee Daniel Delligatti seconded; the committee voted unanimously in favor. The recommendation will go to the entire board for consideration although it’s unclear when that meeting will take place. A Penn State spokesperson said a date for the vote has not been set. The next regularly scheduled meeting is Nov. 7-8.
Trustee Robert Fenza, vice chair of the committee, said he supported the resolution.
“I think as trustees we have a level of responsibility to our university to conform with the expectations of members and to our code of conduct. But more importantly, as I stated, and as many of you have stated, we really need to make sure this sort of behavior is admonished properly, and that we do protect the staff members who are assigned to us from intimidation, and you know, this kind of uncomfortable behavior. So I support this resolution,” Fenza said.
A trustee read a statement from Trustee Julie Anna Potts, who previously served as the chair of the committee, which said she was unable to attend the meeting but would vote for removal if she was there.
“…His well documented behavior falls short of the high standards to which we must hold ourselves as Penn State Trustees, whether in our public statements, in relation to one another, and most especially in our behavior toward members of the Penn State staff,” her statement read.
After the vote, Onorato acknowledged the difficulty of the situation and thanked the committee for their work.
“This is obviously very difficult for all of us but I want to thank you for taking your responsibility as trustee very seriously, and thank everybody for participating today,” he said.
Fenchak could be the first trustee to be removed from the board. Penn State spokesperson Lisa Powers said in an email that the Strategic Communications office was not aware of any previous instances of this type of action being taken against a trustee.
In a statement, she wrote that “As outlined in the Penn State Bylaws, the Governance Committee is responsible for responding to complaints against Trustees. This matter will now go to the full Board of Trustees for consideration, per the Penn State Bylaws,” and cited the resolution passed by the committee.
Powers said no other information will be shared, calling it a “personnel matter.”
The bylaws — which were revised in late July — state that for the board to remove a trustee, it requires two-thirds of the trustees present at the meeting voting in the affirmative. The vote will be public.
“They’re attempting to apply new bylaws to old behavior. That’s problematic,” Mutchler said. “I view the whole thing as a form of retaliation. He’s asked questions that have made them uncomfortable.”
This story was originally published September 9, 2024 at 10:00 AM.
